§ 20-2-987 - Professional Standards Commission -- Executive secretary; employees' membership in state retirement systems; transfer of property and employees to commission; commission substitute for
               	 		
O.C.G.A.    20-2-987   (2010)
    20-2-987.    Professional Standards Commission -- Executive secretary;  employees' membership in state retirement systems; transfer of property  and employees to commission; commission substitute for Department of  Education 
      (a)  The  commission shall appoint an executive secretary who shall serve as the  secretary and executive officer of the commission. Such executive  secretary shall be compensated in an amount fixed by the commission. The  executive secretary shall have the authority to employ such  professional and clerical personnel as may be necessary to carry out the  duties and responsibilities of the commission. Personnel of the  Department of Education may be utilized by the commission subject to the  approval of the State School Superintendent.
(b)  All  full-time employees of the commission shall be members of the  Employees' Retirement System of Georgia, except for members of the  Teachers Retirement System of Georgia who, without any break in service,  become full-time employees of the commission. Such employees shall  continue as members of the Teachers Retirement System of Georgia.  All  employer contributions to said retirement systems and for social  security for said employees shall be paid from funds appropriated for  the operation of the commission.
(c)  The  commission shall, on and after July 1, 1991, assume possession and  control of all records, papers, equipment, supplies, and all other  tangible property possessed and controlled by the Department of  Education as of June 30, 1991, in its performance of functions or duties  transferred to the commission under this part or under any other  provisions of the 1991 Act which enacted this part.  Further, all  officers, employees, and agents of the Department of Education who, on  June 30, 1991, are employed in the performance of a function or duty  which shall be vested in the commission on July 1, 1991, by this part or  any other provisions of the 1991 Act which enacted this part shall be  automatically transferred to the commission.  The status, position, and  rights of persons so transferred shall not be affected by the transfer,  in and of itself, and such persons shall retain, inter alia, all rights  of rank or grade, rights to annual leave, sick pay and leave, rights  under any retirement or personnel plan, and any other rights under any  law or administrative policy.
(d)  The  commission shall succeed to all rules, regulations, policies,  procedures, and administrative orders of the Department of Education  which are in effect on June 30, 1991, and which relate to the functions  transferred to the commission by this part or any other provisions of  the 1991 Act which enacted this part. Such rules, regulations, policies,  procedures, and administrative orders shall remain in effect until  amended, repealed, superseded, or nullified by proper authority or as  otherwise provided by law.
(e)  The rights,  privileges, entitlements, and duties of parties to contracts, leases,  agreements, and other transactions entered into before July 1, 1991, by  the Department of Education and which pertain to the functions  transferred to the commission by this part or any other provisions of  the 1991 Act which enacted this part shall continue to exist and none of  these rights, privileges, entitlements, and duties are impaired or  diminished by reason of the transfer of the functions to the commission.   In all such instances, the commission shall be substituted for the  Department of Education and the commission shall succeed to the rights  and duties under such contracts, leases, agreements, and other  transactions.